Prices and Terms of DB Schenker Rail AG

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1 Valid from: 1 January 2013 Prices and Terms of DB Schenker Rail AG Provisions for Privately Owned Freight Wagons/ Freight Wagons of Other Keepers (PKL-Güterwagenverwendung) Translated from German; the German text alone is legally binding Delivering solutions.

2 Contents Terms of DB Schenker Rail AG regarding use of wagons Pricing (freight rates) Track usage charges when agreed loading periods are exceeded on DB-owned track Stabling of privately owned freight wagons/freight wagons of other keepers Privately owned freight wagons/freight wagons of other keepers wagon types U and Z in empty running with residual freight Price list 1 for empty running rates Price list 2 for empty running rates for low-floor wagons and wagon units with more than 8 axles Published by: DB Schenker Rail AG Marketing Rheinstrasse Mainz, Germany Phone: +49 (0) * * 14 ct/min from landline phones, rates for mobile phones may differ Available under order number TAPL 0110, from: DB Kommunikationstechnik GmbH Medien- und Kommunikationsdienste Logistikcenter Kriegsstrasse Karlsruhe Fax: +49 (0) [email protected] These Prices and Terms of DB Schenker Rail AG as well as any amendments and supplements shall be published in the Tariff and Transport Gazette of the public railways in the Federal Republic of Germany. The respective valid version of the Prices and Terms of DB Schenker Rail AG is available on the Internet at 2 Valid from:

3 Prices and Terms of DB Schenker Rail Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers 1 Provisions of DB Schenker Rail AG regarding use of wagons 1.1 General Provisions The following provisions shall apply to wagons for which the keepers are not DB Schenker Rail AG (hereinafter DB Schenker Rail ) Subject to the agreement, a wagon may be consigned either for carriage as goods (contract of carriage of goods) or as a means of transport (contract of use for wagons). As to use of a wagon as a means of transport by DB Schenker Rail, in particular regarding carriage under a contract of use for wagons, the provisions of the General Contract of Use for Wagons ( GCU ) shall apply, to the extent the following provisions do not contain any deviations. The currently valid version of the GCU can be found online at The consignor and/or the handing over railway undertaking ( RU ) warrants that it shall hand over only such wagons to DB Schenker Rail whose keepers have agreed to the GCU or that it shall place DB Schenker Rail in such a position as if these were such wagons. The first sentence of this clause shall not apply if it has been agreed that DB Schenker Rail shall make the wagon available for carriage as a means of transport or if the handed over wagon shall be running on its own wheels for carriage as goods The consignor and/or the handing over RU warrants that the wagons handed over to DB Schenker Rail shall undergo maintenance by a certified entity (ECM). Through to the introduction of mandatory certification, a self-declaration shall be submitted regarding correct maintenance. Otherwise we shall be entitled to refuse acceptance of the wagons. 1.2 Use of Wagons within Germany The General Terms and Conditions of DB Schenker Rail AG for the Performance of Services (ALB) as amended (available online at shall apply to freight transport orders of a wagon (carriage order) as a means of transport and to the preparation of a wagon note. The local agreements and hours of service shall apply as regards to taking over and/or delivery of a wagon at the taking over and/or delivery location in respect of the keeper/any other party as entitled pursuant to Section 1.4 of the GCU The period for carriage for loaded wagons as a means of transport shall correspond to the transit period for the goods being conveyed The periods of carriage for empty wagons as a means of transport shall be comprised of the transit period for the goods being conveyed in accordance with the Section 423, alternative 2 German Commercial Code (HGB), and an additional transit period of 48 hours for empty wagons as stipulated by DB Schenker Rail. The transit period as defined in Section 423, alternative 2 German Commercial Code (HGB) shall be such period as should be reasonably conceded to a diligent carrier, having regard to the circumstances If such period for carriage has been exceeded and DB Schenker Rail is answerable accordingly as per the GCU, the keeper may claim compensation from DB Schenker Rail for loss of use of the wagon in accordance with Appendix 6 of the GCU. The following deviations and clarifications to Appendix 6 of the GCU shall apply: The keeper may choose between flat-rate compensation for loss of use and compensation for loss of use based on individual written proof. Any claim for flat-rate compensation for loss of use shall preclude a compensation claim for loss of use based on individual written proof, and vice versa Flat-rate compensation for loss of use shall be payable by DB Schenker Rail for the period starting on the third day after the period for carriage was exceeded through to the actual date of delivery, however, only up to such maximum amount as is provided for in clause of these provisions. The compensation shall be granted for the day of delivery irrespective of the time of delivery. In all cases where the additional transit period for empty wagons applies (see clause of these provisions), flat-rate compensation for loss of use shall become payable commencing on the first day that the period for carriage was exceeded Irrespective of whether carriage of a loaded or empty wagon is being effected, compensation for loss of use shall be limited, as per Section 431, subsection 3 HGB to three times the carriage charge for empty wagons usually paid for the carriage as provided by DB Schenker Rail The right to compensation for loss of use against DB Schenker Rail shall expire per Section 438, subsection 3 HGB if the person entitled does not assert its right against DB Schenker Rail in writing within 21 days. In the event of a compensation claim based on individual written proof, written notification regarding the period of carriage having been exceeded shall suffice to comply with the time limit. The time limit as per the first sentence of this clause shall commence upon the delivery of the wagon to the consignee The amount the keeper has received for the use of the wagon during the period of delay shall be deducted from any compensation for loss of use. Valid from:

4 Prices and Terms of DB Schenker Rail land Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers The limitations set forth in clauses and of these provisions shall not apply to any compensation for loss of use based on individual written proof provided it has been proven that the damage per Section 435 HGB has been caused by an act or omission committed with intent to cause damage or recklessly by DB Schenker Rail or by a person within the meaning of Section 428 HGB, with knowledge that such loss or damage would probably result In the event of loss of use caused by the damage to the wagon or its parts as per Section 23.3, clause 2 of the GCU, clause of these provisions shall apply accordingly. The obligation to pay flat-rate compensation for loss of use shall commence on the third day following the day on which the wagon is withdrawn from service. The flat-rate compensation for loss of use shall be limited to a maximum amount of 1,000 (one thousand Euros) German law shall apply. The place of jurisdiction shall be Mainz. 1.3 Cross-border use of wagons The Provisions of DB Schenker Rail AG for International Carriage by Rail in its currently valid version (available online at de/rail/alb) shall apply to freight transport orders of a wagon (carriage order) as a means of transport and to the preparation of a wagon note. The local agreements and hours of service shall apply as regards to taking over and/or delivery of a wagon at the taking over and/or delivery location in respect of the keeper/any other party as entitled pursuant to Section 1.4 of the GCU The period for carriage for loaded wagons as a means of transport shall correspond to the transit period for the goods being conveyed The period for carriage of empty wagons as a means of transport shall consist of the transit period as defined by item 8 of the Provisions of DB Schenker Rail land AG for International Carriage by Rail in its currently valid version and an additional transit period of 48 hours for empty wagons as stipulated by DB Schenker Rail If such period for carriage has been exceeded and DB Schenker Rail is answerable accordingly as per the GCU, then the keeper may claim compensation from DB Schenker Rail for loss of use of the wagon in accordance with Appendix 6 of the GCU. The following deviations and clarifications shall apply to Appendix 6 of the GCU: The keeper may choose between flat-rate compensation for loss of use and compensation for loss of use based on individual written proof. Any claim for flat-rate compensation for loss of use shall preclude any compensation claim for loss of use based on individual written proof, and vice versa Flat-rate compensation for loss of use shall be paid by DB Schenker Rail for the period starting on the third day after the period for carriage was exceeded, through to the actual date of delivery, however, only up to such maximum amount as is provided for in clause of these provisions. The compensation shall be granted for the day of delivery, irrespective of the time of delivery. In all cases where the additional transit period for empty wagons applies (see clause of these provisions), flat-rate compensation for loss of use shall be payable commencing on the first day that the period for carriage was exceeded Irrespective of whether carriage of a loaded or empty wagon is being effected, compensation for loss of use pursuant to Section 33, subsection 1, of the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail ( CIM ) shall be limited to four times the amount of the carriage charge for empty wagons usually paid for the carriage as provided by DB Schenker Rail The right to compensation for loss of use against DB Schenker Rail shall expire, per Section 47, subsection 2, item c of the CIM, if the person entitled does not assert his right against DB Schenker Rail in writing within 60 days. The time limit as per the first sentence of this clause shall commence upon the delivery of the wagon to the consignee The amount the keeper has received for the use of the wagon during the period of delay shall be deducted from any compensation for loss of use The limitations set forth in clauses and shall not apply to any compensation for loss of use based on individual written proof, provided it has been proven that the damage, per Section 47, subsection 2, item d of the CIM and/ or Section 35 of the CIM, as the case may be, was caused by an act or omission committed by DB Schenker Rail with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result In the event of loss of use caused by damage to the wagon or its parts as per Section 23.2 clause 2 of the GCU, clause of these provisions shall apply accordingly. The obligation to pay flat-rate compensation for loss of use shall commence on the third day following the day on which the wagon is withdrawn from service. Flat-rate compensation for loss of use shall be limited to a maximum amount of 1,000 (one thousand Euros) German law shall apply. The place of jurisdiction shall be Mainz. 4 Valid from:

5 Prices and Terms of DB Schenker Rail land Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers 2 Pricing (freight rates) 2.1 Price Formation. Rates for running under load when the freight wagon used is provided by the customer. In those cases, the rates take account of both the wagon provision costs and planned empty runs. The rates for running under load are calculated on the basis of the existing price lists minus the privately owned wagon discount; if the privately owned wagon discount is not included in the freight rates, it shall equal a) 8 % for consignments in open, category F, saddlebottom or hopper-bottom privately owned wagons with gravity discharge, with the exception of coal transport, b) 12 % for consignments with coal, c) 15 % for all other consignments. In the case of shuttle services, the freight rates for empty running can be included in the rates for running under load. Shuttle services refer to transports where it is guaranteed that a run under load is consistently followed by an empty run in the opposite direction on the same route. In such cases, the charges for empty running are not calculated separately but are incorporated in the rates for running under load. Any additional runs involving empty privately owned wagons that are not directly linked to a run under load shall be subject to the rates detailed in subsection 2.2. In the consignment note for an empty run, the Contents column must be marked: Empty, freight paid as per price list no./tariff no. XXXX. Apart from shuttle services as defined above, empty runs shall not be incorporated into the rates for running under load. Empty runs shall be charged according to the rates for empty running listed in subsection 2.2. The expected empty runs shall be planned in consultation with the customer and incorporated into the calculation of the transports. 2.2 Prices for empty running Price list number For the movement of empty privately owned freight wagons/freight wagons of other keepers, apart from transfer journeys of brand-new wagons, the empty running rates shall be levied in accordance with price list 1 or, in the case of low-floor wagons and wagon units with more than eight axles, in accordance with price table 2. Unless the empty running rates to price table 1 are to be settled according to international tariffs or special agreements, the following shall apply to the German section for empty running in international traffic for international forwarding or receiving movements: the price list number for international transit movements: the price list number for payment of transitrate: the price list number In the freight transport order, and according to wagon type/intended use, the consignor shall specify the applicable code in accordance with the Harmonised Commodity Code (NHM): Railway wagon as a means of transport, 2-axle, empty, nos Railway wagon as a means of transport, 2-axle, empty, for/after maintenance* Railway wagon as a means of transport, 2-axle, empty, for/after repair* Railway wagon as a means of transport, 2-axle, empty, for/after cleaning* Railway wagon as a means of transport, 2-axle, empty, for transport prior to and after hiring* Railway wagon as a means of transport, more than 2 axles, empty, nos Railway wagon as a means of transport, more than 2 axles, empty for/after maintenance* Railway wagon as a means of transport, more than 2 axles, empty for/after repair* Railway wagon as a means of transport, more than 2 axles, empty for/after cleaning* Railway wagon as a means of transport, more than 2 axles, empty, for transport prior to and after hiring* *In case of transport into another customs territory, NHM Code is to be used. Valid from:

6 Prices and Terms of DB Schenker Rail land Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers A wagon may be returned as a means of transport (particularly returning from a loaded journey in particular) (NHM or ) after having been used as a means of transport in accordance with the implementing provisions for the Community Customs Code or in accordance with the national customs law in question: if its use as a means of transport was in a third country, if the wagon is admitted to free circulation in an EU Member State and if is being returned to an EU Member State, or if its use as a means of transport was in an EU Member State, if the wagon is admitted to free circulation in a third country and if is being returned to that third country. 2.3 Rates for the movement of empty privately owned wagons/wagons of other keepers within a freight station (station-internal freight rates). Price list number Carriage of empty registered privately owned wagons/wagons of other keepers within a freight station shall be charged per wagon at the price listed for the shortest distance in the price tables of empty running rates. 3 Track usage charges when agreed loading periods are exceeded on DB-owned track If the agreed loading periods for privately owned wagons/wagons of other keepers on railway-owned track are exceeded, a track usage charge of 4.90 per wagon and per day shall be levied. 4 Stabling of privately owned freight wagons/freight wagons of other keepers Privately owned wagons/wagons of other keepers may be stabled on railway-owned track subject to a fee following prior agreement with our Customer Service Centre. A charge of 4.90 shall be levied per wagon and per day, and an additional charge of per wagon for the first and last days of the stabling period. 5 Privately owned freight wagons/freight wagons of other keepers : wagon types U and Z in empty running with residual freight Residual freight up to a weight of 3 t (for wagons with two axles) and of up to 6 t (for all other wagons) shall be transported free of charge, if this is specified in the Contents column on the consignment note. Excess weight shall be charged at the freight rates appropriate to running under load. 6 Valid from:

7 Prices and Terms of DB Schenker Rail land Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers 6 Price list 1 for empty running freights, excluding low-floor wagon, wagon units with more than 8 axles, car carrying wagons 1) and intermodal wagons 2) Empty running freights Distance up to km Wagon with 2 axles Wagon with more than 2 axles excluding low-floor wagons, car carrying wagons 1) and intermodal wagons 2) inland imp/exp transit inland imp/exp transit price list number Euro Euro Euro Euro Euro Euro ) The price lists of the Automotive Market Unit apply to car-carrying wagons 2) The price lists of the Intermodal Market Unit apply to intermodal wagons Valid from:

8 Prices and Terms of DB Schenker Rail land Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers 7 Price list 2 for empty running rates for low-floor wagons and wagon units with more than 8 axles Price list number Empty running freights for low-floor wagons and wagon units with more than 8 axles Scale-up Number of axles on wagon Price based on the rates in price list 1 factor 2 Rate for wagon with 2 axles 1 4 Rate for wagon with more than 2 axles 1 5 to 8 Rate for wagon with more than 2 axles 1 9 to 12 Rate for wagon with more than 2 axles 2 13 to 16 Rate for wagon with more than 2 axles 2 17 to 20 Rate for wagon with more than 2 axles 3 21 and more Rate for wagon with more than 2 axles 4 8 Valid from:

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